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Regulatory Division

The Department of the Army Regulatory Program is one of the oldest programs in the federal government. Initially, the Regulatory Division served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation’s waters under Section 10 of the Rivers and Harbors Act.

In 1972, the Clean Water Act was signed into law, and the Army was directed to administer Section 404 of the Act, which regulates the discharge of dredged material, fill material or both into waters of the United States. In 1977, the Corps of Engineers’ jurisdiction was increased to include wetlands as part of the waters of the United States.

Every year, Texans begin work on numerous construction projects that could potentially impact the state’s rivers, streams, wetlands and other aquatic resources. Many of these projects have tremendous value for individuals, communities and the economy.

Through the Regulatory Program, the U.S. Army Corps of Engineers ensures that environmental impacts on aquatic resources from these projects are avoided, minimized and mitigated. Our mission in the Fort Worth District is to serve the public interest in the state, providing responsive, quality service by balancing protection and reasonable use of aquatic resources through professional administration of the Regulatory Program.

The Fort Worth District is dedicated to protecting Texas waters while allowing reasonable and necessary development to move forward. The Corps asks for your help in spreading the word to others about the permit requirements outlined here and solicits your views on better ways of attaining the goals of this program.  

Your  understanding and support is vital to the success of the program. We must work together to protect Texas water resources, ensuring their use and enjoyment for future generations, while enabling responsible development.

Here is a link to our Fort Worth District video Fort Worth Proud celebrating our District's 66th anniversary.

Special Notices

May 23, 2016- Army Corps of Engineers announces proposal to renew and revise nationwide permits

WASHINGTON – The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 50 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. In addition, USACE will propose to issue two new nationwide permits that pertain to authorizing the removal of low-head dams and the construction and maintenance of living shorelines.  

The proposal is scheduled to be published in the Federal Register in a few days. A pre-publication copy of the proposal has been posted on the USACE web site at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx 

A public comment period on the proposal will begin when the proposal is published in the Federal Register. A separate news release will be issued to announce the publication of the proposal in the Federal Register, and how public comments should be submitted. 

The nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources separately or on a cumulative basis. Activities range from work associated with aids to navigation and utility lines to residential developments and maintenance activities. 

Following the public comment period, USACE will review the comments received and prepare final nationwide permits that will replace the existing set of nationwide permits, which were authorized in 2012.Additional information about the USACE Regulatory Program can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.

April 18, 2016  - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, published the final biennial update to the National  Wetland Plant List (NWPL) in the federal register. The 2016 NWPL should be used on any delineations started after 1 May 2016. Any delineations in progress or started before this date can still use the 2014 NWPL.  For more information click here.


October 9, 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.

For more information and updates, please visit the USACE HQ site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.aspx

The Clean Water Act Rule: Definition of "Waters of the United States":

The Office of the Assistant Secretary of the Army for Civil Works (ASA-CW) and the U.S. Environmental Protection Agency (USEPA) Clean Water Act Final Rule. Following is information regarding the rule:

Additional information can be found by visiting the the ASA-CW's website at http://www.army.mil/asacw/ or the USEPA's website at http://www2.epa.gov/cleanwaterrule


  Enforcement Action:

On March 18, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas.   The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation.   In addition to the fine, the permittee was ordered to restore the area within permit conditions. 

 

Regulatory Program Introduction

Regulatory Program Frequently Asked Questions

Delineations and Jurisidctional Determinations (JDs)     

Regulated Activities Defined

    Permitting

Compliance and Enforcement-Reporting Unauthorized Activities   

2014 Permit Applicant Training Presentations

 

Regulatory Automated Tools System (RATS)
Regulatory's Automated
Tools System (RATS)

The animal depicted on this page is a regulatory swamp rat, Oryzomys regulatorius. It is the ultimate wetland specialist, at home in the playa lakes of west Texas as well as the big thicket in east Texas. Much like the Regulatory staff, it is a hardy and resourceful species that adapts to the situation.

Contact Information

Regulatory Division
(
CESWF-DE-R)
Fort Worth District (Map)
U.S. Army Corps of Engineers
819 Taylor Street, Room 3A37
P.O. Box 17300
Fort Worth, Texas 76102-0300

Contact the Regulator of the Day at  (817) 886-1731 for general questions, permit status, or other requests.
Fax: (817) 886-6493